In a unanimous decision on Wednesday, the Supreme Court rejected an appeals court's conclusion that the Food and Drug Administration (FDA) violated the Administrative Procedure Act by "arbitrarily and capriciously" refusing to allow continued sales of flavored nicotine solutions produced by Vapetasia and Triton Distribution. The decision effectively approves the FDA's de facto ban on nicotine vaping products in flavors other than tobacco and menthol, meaning that unfair and irrational policy will continue unless it is reversed by the Trump administration.
Vapetasia, which is based in Las Vegas, and Triton Distribution, which is located in the Dallas area, complained that the FDA had improperly changed the criteria for approving their products after they sought permission to keep selling them. Last year, the U.S. Court of Appeals for the 5th Circuit agreed, saying the FDA "sent manufacturers of flavored e-cigarette products on a wild goose chase" by issuing guidance on which the companies relied in preparing their applications, only to discover that the agency's advice had been nullified by subsequent "regulatory switcheroos."
The FDA appealed that decision, and last July the Supreme Court agreed to take up the case. It heard oral arguments in December.
